Part 5

A juryman said, he wished to put a question to Ruthven, the officer, before the verdict was pronounced; but Mr. Pyall, the summoning officer, stated, that Ruthven had gone away, notwithstanding his

## particular request that he should remain.

The Coroner wished to know whether any of the Jury required an adjournment of the inquest; if they did, he would willingly attend to their request. The Jury unanimously declared that they were satisfied; and the Coroner, in a formal manner, asked, “Is Arthur Thistlewood guilty or not guilty of murder?”

_Foreman._--Guilty.

_Coroner._--Is William Davidson guilty of murder or manslaughter?

_Foreman._--_Guilty of murder._

One of the Jury wished to ask a question, which he thought of some importance, before the verdict was pronounced upon all the prisoners. He wished to know whether those who might have met for a different purpose were equally guilty of the murder with Thistlewood?

The Coroner replied, that there could be no doubt that they were implicated in the murder as much as Thistlewood himself, for whatever illegal purpose they might have met. They had impeded the officer in the execution of his duty, and one of them had killed him.

A _Juryman_.--If any of the prisoners had been put in the same situation as Thistlewood, they would probably have acted in the same manner.

_Another Juryman._--But are those who surrendered themselves equally guilty?

_Coroner.-_-There can be no doubt of it. They were all assembled for one common purpose, and the act of one is the act of the whole. It is clearly murder in them all. If a man intends to do a mischief to another, and, instead of killing him, happens to kill a second, it is equally murder, as if he had killed the man he intended.

A _Juryman_.--Another doubt arises in my mind. Had not these men a right to defend themselves, after the pistol had been fired by the officer Ellis?

_Coroner._--Certainly not; there cannot be a doubt upon it.

The jury, by their foreman, then pronounced a verdict of “_Guilty of Murder_” against the following prisoners: James Ings; Charles Cooper; Richard Tidd; John Monument; John Charles Strange; Richard Blackburn; James Wilson; James Gilchrist; and others unknown.

In the course of the day, the afflicted parents of the deceased visited the body, and showed much feeling upon the occasion. The old couple were so decrepit as scarcely to be able to get up stairs. Smithers was a stout, good-looking man, about thirty-three years of age.

In addition to the wound that was the immediate cause of the death of Smithers, it was found that a pistol bullet had penetrated his shoulder nearly six inches. It was extracted by Bennett, and was found to have been cast from pewter. A second sabre wound was also found under his blade-bone. In what manner these wounds were inflicted, there are no means of knowing, but it is supposed they occurred after his fall.

On Thursday afternoon, the 2d of March, at four o’clock, his remains were removed from his lodgings in Carteret-street, in the Broadway, Westminster, and buried in the church-yard of St. Margaret’s, Westminster, amidst a great concourse of sympathizing spectators. It was too trying a task for his widow to undertake to follow him to the grave, and she was prevailed on not to attempt it. The deceased’s father and brothers followed as principal mourners. They were succeeded by some private friends, and a numerous assemblage of officers and others belonging to Bow-street office; Mr. John Lavender, belonging to Queen-square police-office, to which the deceased formerly belonged; Mr. Armstrong and his son, both officers belonging to the police-office in Worship-street; making in the whole 67 persons; thus showing the last mark of respect to a departed officer, who had fallen a sacrifice by the hands of a ferocious assassin.

The procession passed through the following streets; the windows of each house were filled with spectators of both sexes;--Tothill-street, Dartmouth-street, Great and Little Queen-streets, Great George-street, and through the grand opening leading to St. Margaret’s church. The rush from the crowd to gain admittance into the latter place was astonishing; but no accident occurred. The service was performed by the Rev. Mr. Rodber. The church-yard was filled with an immense crowd of persons of all descriptions, among which were numerous soldiers belonging to the Guards. A general regret and pity seemed to pervade the whole of this vast assemblage at the melancholy fate of this unfortunate man. The procession then returned through Tothill-street to Carteret-street, when the officers returned to the undertaker’s. The whole of this funeral was conducted in the most decorous manner; and several magistrates were amongst the spectators.

On Sunday, the 27th of February, at one o’clock, the Cabinet Council assembled at the secretary of state’s office for the home department, to proceed with the investigation of the charges against the assassins. Their lordships were assisted by the law officers.

ROBERT ADAMS, late a private of the Royal Horse-Guards, and who had become king’s evidence, was examined before their lordships, which occupied their time till half-past two o’clock, which was then too late an hour to proceed with the examination of ABEL HALL, a tailor, who had been apprehended on Saturday morning by Lavender, Bishop, and Salmon, the officers, in Seward-street, Chiswell-street.

A quantity of ball-cartridges, a musket, and a cavalry sword, which they found concealed in a ruinous shed at the back of a small house near the Regent’s park, were this day produced. The woman occupying the house was also brought up, but after a short examination she was discharged. It did not appear that she had any knowledge of these things being on her premises. These articles appear to have been deposited in the place where they were found by some of the conspirators in their retreat.

On Monday, the 28th of February, the Privy-Council again met, and on this day a proclamation was placarded in different parts of London, offering a reward of 200_l._ for the apprehension of JOHN PALIN, _alias_ PEELING, who had been charged with high treason. He was described as being a child’s chair-maker, and as having been formerly a corporal in the East London Militia, and about forty years of age.

Private information was the same evening given to Lavender and Bishop, that Palin, for whose apprehension the reward of 200_l._ had been offered, was concealed in a house in the neighbourhood of Battle-bridge. They proceeded immediately with their informer to the spot described, but found that there was no ground for the suspicion which had arisen. Though the officers did not find Palin, they found three men and a woman of somewhat suspicious appearance. One man was in bed, and said he was unwell. The patrol suspecting him to be one of the Cato-street gang of assassins, and that he was in bed in consequence of the bruises he had received, made him get up, when he was found to have all his clothes on except his shoes. They stripped him, but he had no bruises. The other two men were melting lead in a frying-pan. One of the men lived at that place, the others in Monmouth-street and Brownlow-street. They were all three brought to the office, and underwent an examination before Mr. Birnie, when there being no charge against them, and they not being known, they were discharged. It is supposed that Palin might have taken the alarm, and escaped at the back of the house while the officers were knocking at the door.

The notorious PRESTON, the cobbling politician, of Spa-fields’ memory, was also this day arrested on suspicion of being concerned in the plot, under a warrant issued by R. Birnie, Esq. It appears that the lodgings of this man were searched a few days before, but nothing of a suspicious nature was found. On those occasions he facetiously said--“his armory could not boast of a swan-shot, nor his port-folio of a scrap of paper of the slightest political interest.” Circumstances afterwards transpired which led to his arrest upon a charge of high treason. He was found industriously engaged in mending a shoe, with his family about him. He was surprised at this new visit, but submitted to his fate with cheerfulness, not unaccompanied by an apparent sense of his own importance. His daughters were highly indignant at this intrusion on their domestic privacy. The officers conducted their prisoner to Bow-street office, from whence he was sent to the Marquis of Anglesea public-house opposite. He was placed under the care of Lack, one of the patrol. He called for “a pipe and pot,” and, seating himself before the fire, seemed perfectly happy. He laughingly said to a gentleman who went to see him, that he thought “the farce would not be complete till he was taken.” He had previously denied all knowledge of the late conspiracy. After being shortly examined before Mr. Birnie, he was sent to Covent-garden watch-house, where he remained in confinement during that night. On the following morning he was removed from that place of confinement to the secretary of state’s office for the home department, where, at twelve o’clock, the Lords of the Council assembled, consisting of the Cabinet Ministers, the Marquis of Camden, Mr. Peel, Sir William Scott, Sir John Nicholls, Mr. Sturges Bourne, together with the Attorney and Solicitor-Generals, and other law officers.

Mr. Buller, one of the principal clerks of the council, attended to take the minutes of the proceedings. When Preston was taken in before the Lords of the Council he behaved with his usual boldness and low insolence to most of their lordships personally. He called upon them with the most ludicrously impudent arrogance, and asked what they meant by sending for him to disturb his peace of mind, and to disturb the economy of his family, alluding to his three daughters binding shoes, and himself making them.

The examination of this impudent fellow lasted about half an hour, after which he was committed to Tothillfields-bridewell in the custody of two of the Bow-street officers. When he returned from the Council Chamber he was almost breathless, and gasped out to those about him--“Bless me, how I perspire! but I always do when I have any thing like a subject to speak upon.” Whilst his commitment was making out, he requested to be _assisted_ with a little porter. Some porter was given to him, and whilst he was drinking it Lord Castlereagh passed through the hall, when Preston observed, “Aye, there he goes! His lordship will remember what I have said to him as long as he lives. I have talked more treason, as they call it, to-day, than ever I did in my whole life before.” The porter seemed to inspire him, and he was proceeding with more remarks, when the officers received his commitment, and he was led to the coach which was to convey him to prison. A number of gentlemen were assembled in the hall; and, as he passed through the midst of them, he bowed and smiled on all sides, repeatedly saying, “God bless you all.”

In the course of the day an application was made at the police-office, Bow-street, by one of Preston’s daughters, to be allowed to see her father, and to deliver him some clean linen; she was referred by the magistrate to Lord Sidmouth, and accordingly wrote the following letter to his Lordship, which she carried to the office of the Home Department, and delivered it to one of the messengers, while she waited in the hall for an answer:--

“My Lord,--I entreat your Lordship to allow an agonized daughter to have an interview with her father, who was dragged from home, and his family, consisting of three daughters besides myself, totally unprotected, on a charge of which he is completely innocent, and of which he has no knowledge whatever. My father’s house was searched four times successively on four different days, and nothing was found that could at all criminate him in the late dreadful proceedings.

“I have called at Bow-street for the purpose of giving my father some linen, and also to know if he could be held to bail, and have been referred to your Lordship. I am now waiting in the lobby of the Home Department Office with the linen to give to my father; and I hope your Lordship will grant me an interview with him.

“I am, my Lord,

Your Lordship’s obedient humble servant,

ANN PRESTON.”

“_17, Princes-street, Drury-lane, Feb. 29._ _To Lord Viscount Sidmouth_, &c. &c.”

After being absent some time, the messenger who carried the letter to his Lordship returned, and told her she must call again on the following day for an answer. She then inquired where her father was, and was informed that he had been examined that day before the Privy-Council, and had been committed. She then left the office in tears.

The next morning she waited at the office of the Home Department, as she had been directed, for an answer to her application. She saw Mr. Hobhouse, and was told by him, that she could not see her father till after the following Friday; and, if she would call again on the Saturday, she would probably have an order to see him. She waited in the lobby until her father was brought out, after his examination before the Privy-Council, and he looked very anxiously at her; but they were not allowed to speak to each other. She had a bundle of linen; and, when her father was conveyed to Tothill-fields prison, she followed him, and gave the linen to the governor.

About this time WADDINGTON, the fellow who had been brought into some notoriety, by his arrest for being the bearer of a placard, the object of which was to create an unlawful assembly on Kennington Common, appeared before Mr. Hicks, the sitting magistrate at Bow-street, and with ridiculous effrontery, stated that the reason of his calling was to say that the officers had seized his books and papers, which they were very welcome to do, as he had nothing in his possession that he was ashamed of, or that could lead to any charge. His landlady, who was present when his place was searched for books and papers, told him that the officers had left a message, desiring him to attend at the office, as he was wanted there; and he consequently attended.

Mr. Hicks, the magistrate, professed himself unacquainted with the affair; but desired that inquiries should be made, and it turned out that some of the police-officers had searched his lodgings, and had seized his books and papers; but they denied having left any message for his appearance at the office, and there was no doubt but that it was a mistake of his landlady in relating to him what had passed.

The magistrate informed him that he had no charge against him. Waddington withdrew from the office, after telling the magistrate that he might always be found when wanted.

We are happy, however, to announce that this man has since relinquished politics, and taken up the more quiet occupation of porter to a tallow-chandler. From his former enthusiasm in _the cause_, however, it was supposed possible that he might have afforded shelter to some of his quondam friends, and accordingly the officers were directed to search his lodgings. They found no trace of radicalism, except a whole-length portrait of himself, blowing a horn, carrying a large bundle of twopenny trash under his arm, and in his hat a paper, inscribed “Order, order! Public Meeting in Smithfield on Wednesday next.” Underneath was written “Samuel Waddington, printer and publisher to the Radical Union.”

Having had occasion to introduce the names of these men, who have lately forced themselves on the notice of the Public by their absurd, but highly mischievous, interference in politics, it may not be thought altogether irrelevant if we introduce a description of the _Radical Committee Room, at the White Lion, Wych-street_, this being the rendezvous, or place of meeting, where these self-elected Radical Committees held their nightly meetings.

The White Lion was a public-house, but has very properly been deprived of its license by the Magistrates. It is situated a short distance from Newcastle-street, towards the New Inn; the entrance to it from the street is up a dark narrow passage, about thirty yards long. In the tap-room, over the embers of an expiring fire, sat a set of suspicious, ill-looking fellows, huddled close together; whilst at a small deal table to the right sat Mr. ----, with a book and some papers and printed bills before him; from the obscurity of the place, having no light but what proceeded from a candle placed before Mr. ----, or from that in the bar, a stranger coming in would not be able to recognise any of the faces on seeing them afterwards elsewhere. On the right hand, on entering the house, is a small parlour; here of an evening a select committee assembled, and no others were admitted. This was the room in which the most private transactions were carried on; Mr. Thistlewood or Dr. Watson always came out into the passage to speak to any person who called there on business. In a very large room up stairs, and which is occasionally used as a school-room, upwards of a hundred ill-looking persons have assembled of an evening; in it the open committee and loose members of the society met; it had ranges of forms all round and across the room, and had hardly ever more than two or three candles to illuminate it. Here their processions, _&c._, were arranged; their flags, _&c._, kept; whilst the more private business was carried on below in the parlour.

We now resume our narrative of the proceedings previous to the final commitment of the prisoners for trial.

On Thursday, March 2d, the Lords of the Council met by appointment at the Secretary of State’s office for the Home Department, at twelve o’clock in the forenoon, to deliberate on the charges against the prisoners, and to determine on the best and most proper mode of proceeding against them without interrogating the prisoners or examining any witnesses. The meeting was attended by the Cabinet Ministers, the Marquis Camden, Viscount Palmerston, Mr. C. P. Yorke, the chief Baron of the Court of Exchequer in Scotland, the Hon. R. Ryder, Sir John Nicholl, Mr. R. Peel, Mr. W. Huskisson, the Master of the Rolls, and Mr. S. Bourne. There were also present the Attorney-General, the Solicitor-General, and Mr. Baker, the magistrate belonging to the police-office in Marlborough-street, who signed the warrant for entering the premises in Cato-street, and for the apprehension of the gang. Their lordships continued in deliberation till near half-past two o’clock.

In consequence of some mistake in the transmission of an order, a number of the prisoners were brought up from Coldbath-fields prison, to the Secretary of State’s office; but as their lordships had determined not to enter into any examination of the prisoners themselves on this day, they were sent back under an escort, a few minutes after their arrival.

The next day another meeting of the lords of the council took place, which was attended by the same persons as that on the previous day, with the addition of Mr. Sheriff Rothwell, Sir William Curtis, and other public characters.

Soon after eleven o’clock in the morning, Lavender, Salmon, and other officers, arrived in three coaches at Coldbath-fields prison, with orders from the Secretary of State, to bring the conspirators to Whitehall, for examination before the Privy Council. Mr. Adkins, the governor of the prison, immediately delivered over the following prisoners into the care of the officers, _viz._, Thistlewood, Monument, Wilson, Davidson, Tidd, Gilchrist, Ings, Bradburn, Shaw, Cooper, and Brunt. They were immediately conveyed in the coaches provided for their reception to Whitehall. The prisoners were all handcuffed to each other.

About the time that this detachment reached Whitehall, Mr. Nodder, the Keeper of Tothill-fields prison, arrived at the same place in a coach, with Preston, Simmonds, Harrison, Hall, and Firth, the keeper of the loft in Cato-street.

The whole of the prisoners, on their arrival at Whitehall, were placed in the first apartment. Those from the House of Correction were placed in a line, handcuffed together, on the bench immediately facing the entrance, and the Tothill-fields’ prisoners were seated on a bench at the right-hand side of the room.

The appearance of the whole was wretched in the extreme, and one or two of them seemed mere boys. Thistlewood appeared quite downcast, his features every day undergoing an alteration for the worse; his complexion had become quite jaundiced, and his general appearance nerveless and emaciated; he wore the old brown surtout in which he had been seen of late in the streets, and kept his eyes occasionally gazing with indifference upon the strangers who thronged the room, but mostly fixed on the ground. Davidson, the man of colour, seemed perfectly at his ease, and talked cheerfully to the prisoner who sat next him. Preston was not only quite composed, but enjoying a constant smile of self-complacency at the inquisitiveness with which strangers as they passed asked “Which is Preston?” “Which is Thistlewood?” Preston seemed in his usual good spirits, and had not a little of the appearance of having exhilarated them in the course of the morning by a jolly draught. While the prisoners were in this room, a considerable number of gentlemen were permitted to pass through the room, but none to converse with them. The police-officers were stationed at the end of each seat.

The Council being assembled, they were examined singly before their lordships.

ARTHUR THISTLEWOOD was the first who was called in. The officers immediately unlocked the handcuff of the prisoner, and conducted him to the Council-chamber. He went up stairs with great alacrity, and being introduced, he was placed at the end of the table, with an officer on each side of him. The Lord Chancellor presided, and informed the prisoner that he was about to be committed upon the double charge of high treason and murder. He made no reply; but looked round at the assembled ministers with a malignant scowl. This was all that passed, and he was immediately re-conducted to his companions: he smiled as he came back, and returned to his former seat. In a short time, as if in contempt of the authority by which he was coerced, he put on his hat, and assuming a look of defiance, remained in that state for the remainder of the day. All the other prisoners were subsequently taken up in the same manner. Monument and Simmonds were the last, and these did not return for nearly half an hour. It appears that they, at this time, endeavoured to make their peace by a disclosure of what they knew.

The soldiers engaged in the affair were then called in, and desired to look at the men whom they thought they could recognise. Sergeant Legge and nine privates were present. They soon came forth, and said they had no doubt as to the identity of the men they had assisted in securing. All the arms and ammunition taken from the prisoners, and in Cato-street, were deposited in an adjoining room under a guard.